PEOPLE v. ALBERCA

People of the Philippines Vs. Alberto Fortuna Alberca

G.R. No. 217459

June 7, 2017

FACTS:

In two separate Amended Informations, accused-appellant was charged with Qualified Rape.

On September 7, 2000, at around one o'clock in the afternoon, on her way home from her grandmother's house, the accused-appellant, her mother's live-in partner, waylaid her and dragged her towards the forest. Upon reaching the Mabaguhan trees, accused-appellant removed his short pants and then undressed her. She tried to resist but he threatened to kill her with the long firearm that he was carrying at that time. He then made her lie down, held her •hands together, placed himself on top of her, inserted his penis into her vagina and made rapid push and pull movements. AAA went home and did not tell anybody about the incident as accused-appellant threatened to kill her and her family.

On January 4, 2001, at around seven o'clock in the morning, AAA was on her way to school with her brother and classmates when they saw accused-appellant. Accused-appellant told AAA to go with him to the• forest and ordered her brother and classmates to go ahead and leave her. AAA refused but accused-appellant• held her hands and made her walk ahead of him. When they reached the forest, he dragged her inside the hut, took his short pants off, undressed her, made her lie down, inserted his penis into her vagina, and made repeated push and pull movements. Thereafter, he told her to go to school. AAA's brother and classmates told her mother that accused-appellant brought AAA to the forest. This prompted CCC to bring AAA to the police station to report the incident and to the hospital for an examination, where it was found out that AAA was no longer a virgin.

On April 3, 2001, AAA was re-examined and found out that she was about four months pregnant. The child was, however, delivered prematurely at seven months on July 26, 2001 and died. AAA's testimony was corroborated by the other prosecution witnesses.

SP02 Guerra testified that he was on duty when AAA was brought to the police station. AAA narrated to him the rape incidents. He then assisted AAA in executing her affidavit. SP02 Guerra also testified that accused-appellant was invited for questioning but he could not be found at his residence. On January 14, 2001, however, accused-appellant voluntarily appeared at the police station and admitted that he raped AAA.

Accused-appellant raised the defense of denial and alibi. Accused-appellant further averred that AAA was ill-motivated in filing false charges of rape against him because she wanted him and her mother to separate. Accused-appellant also pointed out that AAA was already pregnant before the alleged second rape on January 4, 2001, hence, accused-appellant theorized that he could not have fathered the child.

The RTC gave full faith and credit to AAA's testimony and convicted accused-appellant. The CA sustained accused-appellant's conviction with modifications.

ISSUE:

Whether or not that AAA’s testimonies are credible

HELD:

Yes. AAA’s testimonies are given credibility.

In applying the jurisprudential principle that testimonies of child victims are given full weight and credit, for when a woman or a girl-child says that she has been raped, she says in effect all that is necessary to show that rape was indeed committed.

Time and again, this Court has held that questions on the credibility of witnesses should best be addressed to the trial court because of its unique position to observe the elusive and incommunicable evidence of witnesses' deportment on the stand while testifying which is denied to the appellate courts. Hence; the trial judge's assessment of the witnesses' testimonies and findings of fact are accorded great respect on appeal. In the absence of substantial reason to justify the reversal of the trial court's assessment and conclusion, as when no significant facts and circumstances are shown to have been overlooked or disregarded, the reviewing court is generally bound by the former's findings.

The rule is even more strictly applied if the appellate court has concurred with the trial court as in this case. Accused-appellant's imputation of ill-motive to the young victim deserves scant consideration. Indeed, no woman, least of a child, will concoct a story of defloration, allow an examination of her private parts, and subject herself to public trial or ridicule if she has not, in truth, been a victim of rape and impelled to seek justice for the wrong done to her. As found by the R TC and CA, AAA's testimony was candid, spontaneous, and consistent.

WHEREFORE, premises considered, the instant appeal is DISMISSED. Accordingly, the assailed Decision of the Court of Appeals dated July 16, 2014 in CA-G.R. CR-HC No. 01071 is hereby AFFIRMED WITH MODIFICATION.